The-Russian-customs-inspections-recent-trends-and-compliance-pitfalls Abstract: Russia is a Member State of the Eurasian Economic Union (EAEU) which includes the customs union of the Member States. For this reason, many aspects of customs law are delegated by the Member States to the EAEU level, such as the Customs Code of the EAEU, technical and sanitary regulations of the EAEU, etc. The authorities of the Member States are working on harmonisation of customs related matters, at the same time, there are specifics in local customs laws and procedures of the Member States. This is particularly so in respect of customs audits and inspections.
Released on Jan 10, 2024
It has been a big year for employee share schemes (ESS) in Australia. While there have been some tax reforms, on 1 October 2022, legislation was passed that brought about a tectonic shift in the regulatory plumbing that underpins the operation of ESS in Australia. Following the passing of these reforms, all companies that operate ESS in Australia – whether listed or unlisted, large or small – need to pause to consider how the new regulatory rules will impact on the operation of their ESS plans.
Released on Jan 10, 2024
The law on e-transactions in Vietnam was recently amended in 2023. In this article we have analysed seven outstanding regulations in the amendment, namely: the scope of applications; data and data message; e-certificates; the use of e-signature and trust services; legal framework for applying e-contracts; synchronising the rights and obligations of the owner of the information system and the use of e-transaction accounts; and regulations on data collection, management and sharing among state agencies.
Released on Dec 12, 2023
The Protection Against Harassment of Women at the Workplace Act 2010 is a seminal legislation in Pakistan, providing victims of workplace harassment with an opportunity to pursue legal recourse. However, the law is subject to some limitations: primarily a narrow definition of ‘workplace’ and ‘employee’ with a focus only on sexual harassment of women, limiting the effectiveness of the law in addressing all forms of harassment faced by any employee in different types of workplaces. In 2022, an amendment to the Act was introduced, expanding its scope, addressing the limitations of the initial Act and making justice for victims of workplace harassment more accessible. This article explores the original law’s merits and limitations in addition to the changes brought about by the amendment, thus highlighting the importance of strong legal protections against workplace harassment in Pakistan.
Released on Dec 12, 2023
In recent years, the process for the enforcement of international arbitration agreements and foreign arbitral awards in Pakistan has significantly improved, largely due to the influence of the New York Convention. Courts now exhibit a pro-enforcement bias and embrace global jurisprudence, creating a favourable environment for international arbitration. However, the duration of enforcement proceedings remains a concern. Streamlining procedures and expediting recognition are crucial for Pakistan to solidify its reputation as an arbitration-friendly jurisdiction, attracting global businesses and boosting economic growth.
Released on Dec 12, 2023
Artificial Intelligence (AI) has rapidly emerged as a pivotal force in the contemporary workplace, redefining the facets of business operations, workforce management and employees’ interaction with technology. The profound impact of AI on the Indian workplace has emphatically transgressed its ethical and legal concerns, underscoring the need for comprehensive legislation or well-defined directives to regulate the use of AI effectively. In this article, we aim to highlight the legal and ethical complexities related to the use of AI at the Indian workplace and the requirement to have robust legislation/directives in place to regulate the use of AI.
Released on Dec 12, 2023
The Thai Securities and Exchange Commission (SEC) has taken numerous steps to strengthen and expand the regulatory regime covering digital asset operators in Thailand. This has resulted in several enforcement actions against violators, including issues in connection with fabricated information on the trading volume of digital assets on a digital asset exchange.
Released on Dec 21, 2022
There is a discernible trend of Indian listed companies suo moto constituting ESG committees of its board of directors and/or management to focus on ESG-related aspects and to strengthen their commitment to ESG. This piece discusses this trend in the making.
Released on Dec 21, 2022
There are mainly two ways of distributing real estate inheritance in Taiwan: allocating real estate to certain successors while reimbursing others, or forcibly selling the real estate and equally distributing the proceeds.
Released on Jun 22, 2022
This article considers Pakistan’s crackdown on social media giants such as Facebook, Twitter and TikTok, and the relationship between these restrictions and the right to freedom of expression.
Released on Jun 22, 2022
This article explores India’s position among the growing movement to align the global financial system with sustainable development.
Released on Jun 22, 2022
This article offers an overview of India’s new draft data privacy law.
Released on Jun 22, 2022
This article provides an interpretation of China’s Special Administrative Measures for Foreign Investment Access, as introduced in December 2021.
Released on Jun 22, 2022
Welcome to our final e-Bulletin for 2021. While this year did not allow us the freedom of movement we were perhaps hoping for, it has nonetheless been eventful and productive.
Released on Dec 14, 2021
This article outlines the surge of trade and investment activities between the UK and China, the need for a UK-China free trade agreement and the possibility of a UK-China comprehensive agreement on investment.
Released on Dec 10, 2021
This article provides an overview of the key changes introduced in the Amendment. Certain additional changes, which were proposed under the Consultation Paper and approved by SEBI in its board meeting held on 6 August 2021 (‘Board Meeting’) but which have not yet been notified, are also discussed below.
Released on Nov 25, 2021
The Pegasus Project investigation was brought to light by the Paris-based, non-profit media group, Forbidden Stories and Amnesty International. The reports have revealed a widespread misuse of NSO Group Technologies’ spyware, Pegasus. As per NSO, Pegasus was developed to be sold exclusively to vetted governments to aid law enforcement agencies and intelligence departments to fight crime and avoid terrorism. Yet, according to the leaked data, the spyware was being used as hacking software instead of its conventional use as a surveillance tool.
Released on Nov 25, 2021
India has a strong labour-centric protectionist regime under the Industrial Disputes Act 1947 (‘ID Act’), which applies to the ‘workman’ category of workforce. The issue of coverage of sales promotion employees within the purview of ‘workman’ has been inadequately addressed, notwithstanding the legislative developments intended to cover such employees directly under the ID Act. This article discusses the issue and the relevant legal developments, while also highlighting the limited role played by the judiciary in addressing the question.
Released on Nov 25, 2021
The Hong Kong Court of Final Appeal clarifies that who is considered a “friend” pursuant to the Prison Rules in respect of visitation rights for inmates awaiting trial and with the presumption of innocence, and whether a friend has to be someone with a personal or intimate relationship with the inmate.
Released on Nov 15, 2021
The borderless nature of the digital economy and electronic transactions has always been a challenge for law makers and enforcement bodies where their authority is generally limited to a jurisdictional territory. In this article, we discuss three recent developments of the Thai governmental authorities trying to tackle these challenges: VAT on overseas e-service providers; criminal complaints against an overseas cryptocurrency trading platform; and a draft royal decree regulating e-commerce platforms.
Released on Nov 15, 2021
The advantages for Asia-based managers of using Luxembourg investment fund structures compared to offshore jurisdictions are based on: (a) an increased marketability; and (b) efficient fund structuring capabilities. Asian asset managers also need certainty to further sustain their international growth.
Released on Nov 15, 2021
The Covid-19 pandemic has been an ongoing disruption for more than a year. As of September 2021, the pandemic continues to pose enormous health and socio-economic challenges for the world. However, the pandemic has also presented a tremendous opportunity to restructure things to fit people’s visions. Judiciaries and arbitral institutions have been made great efforts to embrace these changes - as Winston Churchill once stated during the Second World War, ‘never let a good crisis go to waste’. This article will discuss the impact of the pandemic on commercial dispute resolution, focusing on how courts and tribunals in Asia have responded to this changing landscape.
Released on Nov 15, 2021
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Released on Jul 12, 2021
Australia’s class action regime has been in effect for over 25 years and is generally considered to be a balanced and very well-functioning system. However, over the last few years, some issues arising have caused disruptions, costly satellite disputes and some very strong partisan political interventions. These issues were mostly around the involvement of third-party litigation funders and multiple law firms vying for the ‘prize’ of running competing class actions.
Released on Jul 9, 2021
Whether or not a contractor or sub-contractor has complied with a contractual claim notification provision is often a highly contested issue in construction disputes given its potential to be determinative of the parties’ claims. The Hong Kong Court of Appeal’s recent judgment in Maeda Corp v Bauer Hong Kong, which adopts arguably the strictest approach to claim notification provisions among common law jurisdictions, should therefore be of interest to contractors and sub-contractors operating under Hong Kong law and other common law governed construction contracts. This article provides an overview of the dispute before considering its practical implications for contractual drafting and the performance of construction contracts.
Released on Jul 6, 2021
The Punjab Haryana and Delhi Chamber of Commerce and Industry, India (PHDCCI) held an illuminating webinar on ‘Competition Law – Recent Developments and Impacts’, on 3 March 2021, covering areas of competition law in India, new trends emerging and their effect on the market. The practices with respect to competition law among micro, small and medium enterprises (MSMEs) are not currently well understood and need to be looked at more closely to improve understanding and engender a better competitive climate in the Indian market.
Released on Jul 6, 2021
The Indonesian government is committed to a campaign to increase investment into Indonesia, by, among others, improving the ease of doing business by carefully planned initiatives aimed at reform in the investment climate. To prove its commitment, one significant breakthrough is through the issuance of an umbrella regulation, the so-called Omnibus Law, that cuts down on bureaucratic red tape and streamlines the investment process.
Released on Jul 6, 2021
This article explores the need for arbitrators and mediators to be sensitive to cultural nuances, as their mission to resolve disputes can succeed or fail according to how well they can understand and accommodate them.
Released on May 27, 2021